Economic law briefly describes the content of anti monopoly laws and regulations

Anti-Monopoly Law of the People's Republic of China Article 1 This Law is enacted in order to prevent and stop monopolistic behavior, protect fair competition in the market, improve the efficiency of economic operations, safeguard the interests of consumers and the public interest, and promote the healthy development of the socialist market economy.

The legal basis of antitrust is a balance between freedom, efficiency, and the public interest. The value objective of the Anti-Monopoly Law is to maintain the normal operation of the market mechanism and give full play to its functions of optimizing the allocation of resources, improving the overall welfare of society, and protecting the public interest. Improving efficiency and consumer welfare is a means of keeping market mechanisms functioning effectively.

Anti-monopoly is the act of prohibiting monopoly and restricting monopoly. It is a means of intervention taken by the state** or international organizations when the marketing of a company is monopolistic or has a tendency to monopolize. At the end of the 19th century, the world economy entered a period of monopoly capitalism.

Anti-monopoly has become the object of regulation in various countries. All countries regulate antitrust through strict legislation. Since China's accession to the WTO, China has also actively assumed its anti-monopoly responsibilities.

Extended information: 1. In November 2011, the state launched an anti-monopoly investigation against China Telecom and China Unicom on broadband access. If true, China Telecom and China Unicom could be fined hundreds of millions to billions of yuan.

On April 22, 2021, the Supreme People's Court issued the Plan for the Judicial Protection of Intellectual Property Rights in the People's Courts (2021-2025), which clarified the key measures for the judicial protection of intellectual property rights during the 14th Five-Year Plan period, which will strengthen the trial of anti-monopoly and anti-unfair competition cases, strengthen the basic position of competition policy, formulate relevant judicial interpretations in a timely manner, clearly regulate all kinds of monopoly and unfair competition behaviors, eliminate market blockades, and promote fair competition. Properly handle monopoly disputes in the Internet sector, improve anti-monopoly adjudication rules for the platform economy, prevent the disorderly expansion of capital, and promote the healthy and sustainable development of the platform economy.

Second, China** also has different attitudes towards anti-monopoly at home and abroad. The concept of competition is advocated internally, and there is little empirical analysis of its advantages and disadvantages. Externally, we adjust the scale of balanced competition and monopoly in accordance with national interests. There are two perspectives on the judgment of monopoly:

Global and local. For example, China's telecom operators have an absolute monopoly in China, but they account for less than 5% of the international market; The U.S. accounts for more than 20% of the global market, but does not have absolute control over a local market. On the whole, China Telecom is far from a monopoly, and its scale needs to continue to grow to compete with international giants. From a local point of view, China Telecom is clearly in a monopoly position and needs to be separated.

Developed countries often proceed from their own interests, emphasizing the local and ignoring the overall situation; China's national interests are based on the overall perspective of merging large state-owned enterprises to form aircraft carriers.

China's anti-monopoly law pays attention to the beneficial experience of international anti-monopoly law, and in terms of the overall framework and main content, it is basically the same as the anti-monopoly law of most countries, and has established three major systems: prohibiting monopoly agreements, prohibiting abuse of market dominance, and controlling concentration of undertakings. At the same time, China's anti-monopoly law is based on China's national conditions.

On April 22, 2021, the Supreme People's Court issued the Plan for the Judicial Protection of Intellectual Property Rights in the People's Courts (2021-2025), which clarifies the situation"14th Five-Year Plan"The key work measures for the judicial protection of intellectual property rights during the period will strengthen the trial of anti-monopoly and anti-unfair competition cases, strengthen the basic position of competition policy, formulate relevant judicial interpretations in a timely manner, clearly regulate all kinds of monopoly and unfair competition behaviors, eliminate market blockades, and promote fair competition. Properly handle monopoly disputes in the Internet field, improve anti-monopoly adjudication rules for the platform economy, prevent the disorderly expansion of capital, and promote the standardized, healthy and sustainable development of the platform economy.

The main characteristics of the Anti-Monopoly Law are as follows:

1) The most typical embodiment of the state's intervention in the economyAfter the development of capitalism to the monopoly stage, the fierce competition in the market eventually leads to the further concentration of production and capital, and finally forms a monopoly.

Monopoly organizations abuse their monopoly power to carry out illegal activities to eliminate and restrict competition, and wantonly annex and exploit small and medium-sized enterprises and the general public, giving rise to profound class or stratum contradictions and causing chaos in the market order.

2) Defend the interests of the whole as the foundation.

Each department of law has different main themes and adjustment methods in dealing with the relationship between society as a whole and individuals, and also has its own emphasis on the protection and restraint of the state, non-public organizations, and individuals, thus presenting different modes of legal adjustment.

3) It has an obvious economic policy nature.

The economic policy nature of the Anti-Monopoly Law is mainly reflected in the following two aspects: First, the formulation and revision of the Anti-Monopoly Law should fully reflect the country's economic policies, especially competition policies and industrial policies. Second, anti-monopoly enforcement and judicial activities usually reflect a country's economic policies at a specific time, so that the enforcement of the same law in different countries and in different countries at different times may vary greatly.

4) The Competition Policy Law is a comprehensive adjustment method to adjust the competition relationship.

As an important legal department for the state to intervene in the economy, economic law is mainly composed of the law on enterprise organization and management, the law on macroeconomic regulation and control, the law on the management of market grinding (i.e., the law on regulation and control of market operation), and the law on social and economic security.

5) It is a unity of substantive law and procedural law.

The Anti-Monopoly Law consists of two parts: the substantive anti-monopoly law and the anti-monopoly procedure law. Among them, the substantive anti-monopoly law is the main content of the anti-monopoly law, which regulates the state and behavior that eliminates or restricts competition.

It mainly includes the prohibition of monopoly agreements that seriously restrict competition, i.e., horizontal and vertical monopoly agreements, the prohibition of enterprises with a dominant market position, i.e., the abuse of monopoly power, the monitoring of mergers of large enterprises, and the areas excluded from the application of the Anti-Monopoly Law.

Legal basis: Chapter VII of the Anti-Monopoly Law of the People's Republic of China stipulates that: Article 46 Where a business operator reaches and implements a monopoly agreement in violation of the provisions of this Law, the anti-monopoly law enforcement agency shall order it to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than 1% but not more than 10% of the sales of the previous year; If the monopoly agreement reached has not been implemented, a fine of not more than 500,000 yuan may be imposed.

refers to an agreement, decision, or other concerted act that excludes or restricts competition. Monopoly agreements are divided into horizontal monopoly agreements and vertical monopoly agreements. Horizontal monopoly agreements refer to monopoly agreements reached by competing business operators, while vertical monopoly agreements are monopoly agreements reached between operators at different stages in the production and sales process.

Legal analysis: refers to agreements, decisions or other concerted acts of filial piety that eliminate or restrict competition. Monopoly agreements are divided into horizontal monopoly agreements and vertical monopoly agreements.

A horizontal monopoly agreement refers to a monopoly agreement reached by a competing business operator, while a vertical ridge and burial agreement is a monopoly agreement reached between business operators at different stages in the production and sales process.

Legal basis: Article 13 of the Anti-Monopoly Law of the People's Republic of China prohibits competitive undertakings from entering into the following monopoly agreements: (1) fixing or changing commodities**; (2) Restricting the number of manuscripts produced or sold; (C) the division of the sales market or raw material procurement market; (4) Restricting the purchase of new technologies or equipment, or restricting the development of new technologies or products; (5) boycott transactions; (6) Other monopoly agreements as determined by anti-monopoly law enforcement agencies.

"Monopoly agreement" as used in this Law refers to an agreement, decision, or other concerted act that excludes or restricts competition.

Summary. Hello dear, glad to answer for you. The main body of economic law is characterized by social orientation and substantive justice.

The social standard refers to the purpose of the social public interest, and substantive justice emphasizes the fairness of the outcome. The Anti-Monopoly Law is a market regulation act carried out by the state in view of possible defects in the market under the premise of giving full play to the basic role of market resource allocation. It aims to safeguard the public interest, tilt towards the protection of vulnerable groups, and reflect the fairness of the outcome.

Hello dear, glad to answer for you. The characteristics of the main body of the law are social standards and substantive justice. The social standard refers to the purpose of taking the public interest of the society as the purpose, and the real section burns respect for quality and justice, and emphasizes the outcome of the public section.

The Anti-Monopoly Law is a market regulation act carried out by the state in view of possible defects in the market under the premise of giving full play to the basic role of market resource allocation. It aims to safeguard the public interest, tilt towards the protection of vulnerable groups, and reflect the fairness of the outcome. <>

Hello, the main body of economic law in the market economy society, the number of economic tease law subjects is huge, the types are rich, this tung finger cover is the externalization of the main economic interests of xing: through each economic interest is a few specific economic law subjects to represent, maintain and pursue, to achieve the harmonious development of various economic interests, in order to achieve the realization of the social public interests to be maintained by the economic law. <>